Madam Speaker, I am very pleased to speak today to the bill that the Minister of Citizenship, Immigration and Multiculturalism recently introduced in the House.
This refugee bill was eagerly awaited and badly needed. No one will be surprised to hear that the Immigration and Refugee Protection Act was very helpful to my fellow Vietnamese who immigrated to Canada at the same time as I did.
When people ask me about my background, they ask me three questions. First, they ask me where I come from; second, whether I remember the war; and third, whether I was one of the boat people. It is clear that Quebeckers and Canadians understand and agree with the principle of refugees.
This debate coincides with the 35th anniversary of the fall of Saigon. Many people from my country came here as refugees and became prominent citizens, like the refugees from other countries who came and made Quebec and Canada better.
The current act is quite out of date and sometimes gives refugee claimants a bad name. It is high time we modernized it.
On March 30, the federal government introduced Bill C-11 as part of its reform of the refugee system. If it were passed as it stands now, this bill could have a serious negative impact on refugees. It is not enough to pass a law to improve what is not working. What we must do is find a balance and create something that will work.
The Bloc Québécois has asked the government to provide the committee with the regulations so that we can do an exhaustive study, because many measures announced as part of this reform are not included in this bill.
The Bloc Québécois is in favour of studying this bill in committee, and I am proud to say that I will study it carefully, because I am the assistant critic. The member for Jeanne-Le Ber is the Bloc Québécois critic, and he does a very good job, by the way. We make a great team, and the people of Quebec can be glad to have a team like ours, because we will see to it that the flaws in this bill are corrected.
We are happy that the government is finally looking at implementing the refugee appeal division. However, we are disappointed that it is not fair, because not all applicants will have access, which we believe is discriminatory.
When people from designated safe countries are denied at the first level, they will not have access to this appeal division. Even if the government assures us that all files will be examined individually, there is no guarantee that there will be no mistakes.
My colleague from Jeanne-Le Ber pointed this out. We know the statistics of some IRB members. Some of them flatly reject 90% to 95% of the applications they receive, while others show more flexibility. A decision made by one man or one woman is arbitrary. That is why it is not fair that refugees from designated safe countries will not have access to the refugee appeal division.
Another thing: which countries will be designated safe by the minister and the government?
The government is currently working on Bill C-2, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia. The government tells us that a free trade agreement with this country is no problem because Colombia respects human rights.
However, Canada accepts Colombian refugee seekers who claim their rights have been violated in Colombia. Will the minister put Colombia on the list of safe countries? I wonder.
On the one hand, the government says it wants to sign a free trade agreement with Colombia because it is a safe country. On the other hand, it accepts political refugees from that same country because their rights have been violated. What will the minister choose? Will the minister decide to list it as a safe country?
That is why we think that the idea of safe countries is questionable. We do not know where the minister will put Colombia and other countries that do not respect the human rights of women or homosexuals—these are recognized rights.
Even though the Conservative government sometimes has difficulty acknowledging them, these rights are still recognized in Quebec and Canada. What will the minister decide? Will he designate certain countries as safe even though they do not respect human rights, women's right or the rights of homosexuals? What category will these countries be in? It worries me.
A civil servant will make the decision. Applicants from designated safe countries will have no right to appeal. That is far too radical considering that the decision will have been made by a single person. It is possible that an applicant's individual rights will not be respected. He will not have all the rights that other people with the same background but who come from different countries will have.
Statistics for certain board members are alarming. We should not find this kind of unfairness when the decisions are made by civil servants.
It also says that an immigration officer will have 8 days, as opposed to 28, to refer a refugee claim to a first interview with a department official.
Some people are traumatized when they arrive here. They have been abused and pressured. Some come from very corrupt countries. They do not trust the government in the country they came from. When they arrive here, they are told that in eight days they will have to explain their situation to a government official. They have left a corrupt country where their rights were violated. They are told that they have eight days to prepare to explain their situation. That is not very long for people who have suffered such great trauma.
Then, the second hearing happens 60 days later. Do not forget that many refugee status claimants arrive here having left their houses, their families and their jobs with no preparation whatsoever. They did not bring any documents to prove what they are saying. They have to get those documents.
As MPs, we occasionally write to embassies in Africa. Although we have more resources than refugees or applicants, it takes a fairly long time for the mail to get there as well as for the reply to come back.
What will we do when the person does not obtain the documents required for their defence within 60 days? Will their application be refused automatically? Will this person be penalized because they could not provide the necessary documents?
At present, it takes 19 months and now we are talking about 28 days. Perhaps we could find a compromise. I believe there is enough flexibility to do so.
At present, more than 45% of refugee claims are accepted. When refused, the failed claimants can ask the Federal Court for a judicial review. This court presently accepts 13% of applications. Where an error was made in the decision, 2% of requests are allowed. In total, 60% of applicants are successful in the end. The tragedy lies in the fact that many failed applicants have found work, married, had children born in Canada and have learned the language. In other words, they have fully integrated in the host society.
The current backlogs are unacceptable for 40% of the claimants who will be forced leave Canada. This government is largely responsible for these backlogs. Indeed, since 2006, we have gone from 20,000 to 60,000 backlogged claims. We know that over a third of the board members could have rendered decisions, but there are many vacant positions, which has caused this backlog.
As my colleague from Jeanne-Le Ber put it so well earlier, we cannot help but wonder if these delays are arranged on purpose in order to stay within certain quotas set by the government. What will they do in the future to stay within those quotas? Will they deny more claims? This will not serve Quebec or Canada.
We must ensure that this new legislation does not discriminate against claimants and does not deny more claims because they are processed faster. That would be tragic, both for the claimants and for our current system.
It is definitely time to reform this legislation, but that does not mean it should be reformed in a slapdash manner. We can take the time to reform it correctly. There is a difference between saying that it should have been done a long time ago and saying that we will do it too fast, which could lead to other injustices. If we did that, we might improve what is not working, but we would risk undermining the parts that are working. We must ensure that this bill does not create new injustices.
In committee, my colleague from Jeanne-Le Ber and I will ensure that when the time comes to vote on this bill in the House, it will be much improved and will respect the needs of claimants as much as possible. We no longer want to hear that, according to statistics, 60% of claims are completed and are successful. It is sad to hear people say that refugee claimants are abusing the system.
It is an essential system that is desperately needed, but the current legislation is outdated.